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Hararians gangs against Welshman Ncube
09 Feb 2011 at 15:28hrs | Views
A Harare lawyer, Mr Aston Musunga, says Constitution Amendment number 19 has no provision for the recalling of a sitting principal member of the inclusive government, making it legally impossible to dismiss Professor Arthur Mutambara from his post as Deputy Prime Minister.
Attempts by the MDC's newly elected president, Professor Welshman Ncube to have DPM Mutambara demoted from his post, are a violation of Constitutional Amendment number 19 which does not provide for the recalling of a sitting Prime Minister or Deputy Prime Minister.
According to this piece of legislation, those who can be redeployed are ministers and deputy ministers.
Mr Musunga says the new leader of the embattled MDC, Professor Welshman Ncube is in a quandary as the case has legal complications and he does not have any powers to unilaterally fire Professor Mutambara.
"The Constitution Amendment number 19 and the Global Political Agreement do not provide for the recalling or sacking of a principal and what Ncube has done is not possible as he does not have the prerogative to redeploy the former MDC President.," Mr Musunga said.
Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces, President Robert Mugabe is on record as saying, though Professor Welshman Ncube's party was able to remove Deputy Prime Minister Mutambara politically, there are legal implications to the decision and the onus is on the Deputy Prime Minister himself to resign.
"MDC was able to remove Professor Arthur Mutambara politically but legally, it has implications. It's either Mutambara resigns or stays put, of which I will accept any decision made," President Mugabe said.
DPM Mutambara vowed that he will not quit government as he is working for the country and not for the party.
Observers note that political parties should be able to distinguish between party business and the mandate of government and in the case of Professor Mutambara, the MDC party is stuck and cannot do anything.
Professor Welshman Ncube assumed presidency of the MDC during the disputed congress held last month and claimed that he was the new principal, a situation that has created problems for him and his aspirations as the law is very clear on the matter.
Attempts by the MDC's newly elected president, Professor Welshman Ncube to have DPM Mutambara demoted from his post, are a violation of Constitutional Amendment number 19 which does not provide for the recalling of a sitting Prime Minister or Deputy Prime Minister.
According to this piece of legislation, those who can be redeployed are ministers and deputy ministers.
Mr Musunga says the new leader of the embattled MDC, Professor Welshman Ncube is in a quandary as the case has legal complications and he does not have any powers to unilaterally fire Professor Mutambara.
"The Constitution Amendment number 19 and the Global Political Agreement do not provide for the recalling or sacking of a principal and what Ncube has done is not possible as he does not have the prerogative to redeploy the former MDC President.," Mr Musunga said.
Head of State and Government and Commander-in-Chief of the Zimbabwe Defence Forces, President Robert Mugabe is on record as saying, though Professor Welshman Ncube's party was able to remove Deputy Prime Minister Mutambara politically, there are legal implications to the decision and the onus is on the Deputy Prime Minister himself to resign.
"MDC was able to remove Professor Arthur Mutambara politically but legally, it has implications. It's either Mutambara resigns or stays put, of which I will accept any decision made," President Mugabe said.
DPM Mutambara vowed that he will not quit government as he is working for the country and not for the party.
Observers note that political parties should be able to distinguish between party business and the mandate of government and in the case of Professor Mutambara, the MDC party is stuck and cannot do anything.
Professor Welshman Ncube assumed presidency of the MDC during the disputed congress held last month and claimed that he was the new principal, a situation that has created problems for him and his aspirations as the law is very clear on the matter.
Source - Byo24News
